Skip to main content
Patrick M. O'Reilly

Patrick O'Reilly’s Answers

15 total


  • I have a new car, and an American Express, if I file bankruptcy do I have to give them up?

    I got behind on a judgement for two Capitol One credit cards. I paid them for six years on time, but had to buy a new car because my old one got totaled. I have not paid them in four months, they sent a letter to 46th district court in Michigan. I...

    Patrick’s Answer

    Generally one can keep his/her car in bankruptcy. The American Express card would likely be closed, however you could probably get a new credit car once your bankruptcy is completed.

    I do not think that the creditor is going to simply forgive the old judgment. I suggest trying to reach a settlement, that you can afford first, if that is not possible than you should consult with a bankruptcy attorney.

    Patrick M. O'Reilly
    Attorney at Law

    www.PMO-LAW.com

    See question 
  • Son has possession charge. Missed his appt will he go to jail instead of probation.

    Goes to court on Wed for sentencing. Missed his appt for court ordered investigation last Monday. Cannot contact court till tomorrow. Will he loose his chance for probation and end up with jail time? Possession was under .5 gram and first off...

    Patrick’s Answer

    Depends on a number of factors. Has he ever violated before? What Judge he has? Who is Probation Officer is? Is he in compliance with the other conditions of his probation.

    Without more information I could give you a better answer. If you son is doing most of what he supposed to be doing on probation, then most of the time most judge will give him a second change. On the other hand if your son is not in compliance with most of the conditions of his probation, most judge will not hesitate to order some jail time.

    See question 
  • How long after 2nd court appearance will he be released if we did not bail himmy out?

    My sons father has been in jail a week tomorrow over a misdemeanor destruction private property (popped a dudes tire with knife) We felt best he spend few days in jail..but will he be released most likely tomorrow on own recognizance?? If so cour...

    Patrick’s Answer

    If he gets a personal bond in the morning and he does not have any holds he very well could walk out the front door of the court house. If he gets a bond that he or a family member is able to post he would probably get out by tomorrow evening. That is the same day as the court hearing but later in the day after the bond has been posted.

    I have not been retained on this matter. My thoughts above are based on limited facts and are not to be considered legal advice.

    Patrick M. O'Reilly
    Attorney at Law
    12845 Farmington Rd.
    Livonia, Mi 48150
    oreillpa11@gmail.com
    ph: (248)-396-7590
    Fax: (248)-281-0951

    Confidential: This electronic message and all contents contain information from the law
    firm of Patrick M. O'Reilly, PLLC which may be privileged, confidential or otherwise
    protected from disclosure. If you have received this electronic message in error, please
    notify us immediately at (248) 396-7590, and destroy the original message and all copies.

    See question 
  • Will a warrant be issued for pr bond violation for missing pbt when lab conducted etg the next morning.

    Charge = 2 counts attempted resisting arrest. ( stacked charges, a cover for being injured as I was slammed into concrete and my teeth went through my chin, I absolutely complied ) 1 charge disturbing the peace. (Their key complainant will be my p...

    Patrick’s Answer

    A warrant could issue in theory because the etg the next morning is technically a day late.

    See question 
  • Does a judge have to give you time served?

    My ex did about 40 days in county after picked up on a warrant. Then was bailed out. He go to sentencing in a month from now. The max sentence is 93 days. Do the judge have to give him time served or can he still get 93 days?

    Patrick’s Answer

    Your ex should get credit of for the 40 days so long as the 40 days was on that case. Whether you ex is sentenced to "time served" i.e. he can walk out of the court house and the case is closed is another issue. The judge could sentence your ex to a number of other types of sentences including the remaining 53 days.

    See question 
  • So I plead guilty to a charge of possession and use of marijuana or get a lawyer?

    I was arrested a week after a public safety officer walked up to my truck and asked me to roll down the window. He asked a question and then stated he smelled marijuana. He demanded I turn over any drugs and stated if I didn't he would hold me a...

    Patrick’s Answer

    I suggest you contact myself or another attorney as soon as reasonable possible so that he or she can review the file thoroughly and determine the best course of action for you.

    This is not the type of thing that you can get an answer to over Avvo forum.

    See question 
  • Can a judgement on a lawsuit be adjusted after a ruling is made?

    We were sued for a cat scratch in 2010, about 6 months after our bankruptcy. Now our wages are being garnished and we cannot pay our rent. We thought we would get a court date and did not file a response to the lawsuit, thought we would tell it ...

    Patrick’s Answer

    Can a judgment on a lawsuit be
    adjusted after a ruling is made?

    Yes sometimes, but in this case it sounds like no ruling was ever made and
    a default judgment was entered against you

    You may be able to get the default judgment set aside. Setting aside a
    default judgment is a time sensitive matter. I recommend that you speak
    with myself or another attorney as soon as possible.

    I would be happy to scheduled a consult with you, please see my contact info
    below.

    Patrick M. O'Reilly

    Attorney at Law

    12845 Farmington Rd.

    Livonia, Mi 48150

    oreillpa11@gmail.com

    ph: (248)-396-7590

    Fax: (248)-281-0951

    Confidential: This electronic message and all contents contain information
    from the law

    firm of Patrick M. O'Reilly, PLLC which may be privileged, confidential or
    otherwise

    protected from disclosure. If you have received this electronic message in
    error, please

    notify us immediately at (248) 396-7590, and destroy the original message
    and all copies.

    See question 
  • PERSONAL BANKRUPTCY AND A SINGLE MEMBER LLC MICHIGAN RESIDENTS

    I HAVE A CLIENT WHO HAS FILED PERSONAL BANKRUPTCY. SHE IS A SINGLE MEMBER LLC AND OWES MY FIRM MONEY FOR DOING HER BUSINESS ACCOUNTING AND TAXES. CAN WE STILL BILL HER FOR OUR SERVICES SINCE WE HAVE RECEIVED NOTICE OF HER PERSONAL BANKRUPTCY?

    Patrick’s Answer

    You can only bill her for work performed after the date of the filing of the
    petition. To be safe I would wait to bill her until after the bankruptcy
    case closes or the automatic stay has been lifted. I wish I had a clearer
    answer as I sit here right now I am not sure if the automatic stay applies
    to collection on post petition debt.

    Patrick M. O'Reilly

    Attorney at Law

    12845 Farmington Rd.

    Livonia, Mi 48150

    oreillpa11@gmail.com

    ph: (248)-396-7590

    Fax: (248)-281-0951

    Confidential: This electronic message and all contents contain information
    from the law

    firm of Patrick M. O'Reilly, PLLC which may be privileged, confidential or
    otherwise

    protected from disclosure. If you have received this electronic message in
    error, please

    notify us immediately at (248) 396-7590, and destroy the original message
    and all copies.

    See question 
  • Refinance while in CH 13.

    Can I refinance my mortgage to take advantage of the current interest rate environment and the FHA Streamline Refinance program? What about the second lien that is being stripped as part of the CH13 filing and how would that affect any possible re...

    Patrick’s Answer

    You can refinance or modify a mortgage in a chapter 13 plan so long as you
    can get the chapter 13 trustee, the mortgage company, and the judge to agree
    to it. You have the right facts i.e. the value of the home and the value of
    the mortgage need to be just right.

    This is not impossible but it is difficult to do. I think that you will
    have a hard time getting an FHA loan while you are in bankruptcy. I believe
    FHA loans require that the borrower not have a bankruptcy discharge in the
    last two years.

    Patrick M. O'Reilly

    Attorney at Law

    12845 Farmington Rd.

    Livonia, Mi 48150

    oreillpa11@gmail.com

    ph: (248)-396-7590

    Fax: (248)-281-0951

    Confidential: This electronic message and all contents contain information
    from the law

    firm of Patrick M. O'Reilly, PLLC which may be privileged, confidential or
    otherwise

    protected from disclosure. If you have received this electronic message in
    error, please

    notify us immediately at (248) 396-7590, and destroy the original message
    and all copies.

    See question 
  • I'm on SSI, very low income and owe a drivers responsibility fee with no chance to pay it.. any other options?

    It was my first and only serious offence. I took a plea to ' driving while visibly impaired ' do to alcohol. It has been 8 years and I still can't afford the fee. I'm 30 now and I can't pay my bills, take care of my 10 year old daughter and pay th...

    Patrick’s Answer

    I believe that the secretary of state will allow you to pay the driver
    responsibility fee with monthly payments. You can get your driver license
    back upon execution of the payment plan. My opinion is that those fees are
    not dischargeable in bankruptcy.

    Patrick M. O'Reilly

    Attorney at Law

    12845 Farmington Rd.

    Livonia, Mi 48150

    oreillpa11@gmail.com

    ph: (248)-396-7590

    Fax: (248)-281-0951

    Confidential: This electronic message and all contents contain information
    from the law

    firm of Patrick M. O'Reilly, PLLC which may be privileged, confidential or
    otherwise

    protected from disclosure. If you have received this electronic message in
    error, please

    notify us immediately at (248) 396-7590, and destroy the original message
    and all copies.

    See question